5HSRUWRQ5XVVLD resembled a state in miniature, special legal terminology was created in order to define subjects under the jurisdiction of the city’s authorities - citizens/citizenship. An analysis of aspects of this terminology will underline the efforts of Russian legal scholarship to drawing a clear line between citizenship and nationality, a distinction necessitated by the fact that over 150 nationalities/ethnicities are included within Russian citizenship. 3 Historical background and changes 3.1 Allegiance and Subjecthood during the Russian Empire The term ‘subjecthood’ (in Russian - ‘poddanstvo’) became the characteristic of the old-style state. The term ‘subjecthood’ was in common usage in the legislation and literature of the Russian Empire until 1917. In the context of prerevolutionary Russia ‘subjecthood’ (‘poddanstvo’) and citizenship (‘grazdanstvo’) must be considered as different terms.6 This conclusion is based on the simple fact that until the end of the 18th century, ‘poddanstvo’ had the sense of the absolute subjection of the individual to the Russian Tsar (Lohr 2011: 3). This conclusion can be proved by the oath for individuals naturalising into the Russian poddanstvo: ‘I, named below, former subject (‘poddannyi’) promise and swear to the Almighty God to be a true, good and obedient slave and eternal subject (‘vechno poddannym’) with my family... and promise not to go abroad and not to take any outlandish service’.7 The oath to the Russian ‘poddanstvo’ remained unchanged until 1796 when the word ‘slave’ was excluded from the text. Before the sixteenth century there were no legal or regulatory mechanisms regarding Russian ‘poddanstvo’. At that time, only the custom regulated who was a Russian subject and who was not. The general unwritten rule was that those individuals who were christianized (baptized) by default were considered to be in possession of Russian ‘poddanstvo’ (Gessen 1909: 203). This customary order of the acquisition of the Russian subjecthood was applicable until the reign of Peter the Great, who modified the naturalisation procedure by introducing the above-mentioned oath to the head of the Russian State (Ivanovskii 1910: 12). Until the middle of the nineteenth century Russian legislation had almost no requirements regarding naturalisation (‘ukorenenie’ - ‘8;)+#"#"1#’) of foreigners (Cadiot 2005: 440). Foreigners could be naturalised as Russian subjects (‘poddannye’) by the decision of the provincial government (‘gubernskoe pravlenie’) without any special requirements.8 Since 1721 the one and only requirement was to take an oath of eternal Russian subjecthood (‘vechnoe poddanstvo’). Foreigners were entitled to swear an oath even in their native language. Thus, Peter the Great had substantially changed the naturalisation procedure from conversion to Orthodoxy to the taking of an oath to the Russian Emperor (Korkunov 1908: 271). On 10 February 1864 the naturalisation procedure was modified by introducing a five-yearrequirement of residence in Russia (‘5-letnee vodvorenie’). Moreover, discretion over naturalisation was shifted from the local (provincial) authorities to the interior minister of the Russian Empire, who had the right to reduce the length of the ‘vodvorenie’ in Russia. The following categories of foreigners were entitled for reduction of the residence requirement: those who did a special service 6 It is necessary to understand the etymology of the word ‘poddanstvo’, which has a meaningful root - dan’ (-&"6) - i.e. tribute, toll tax, rent-in-kind. 7 Senate’s Order from 27 August 1747 ‘About the oaths of foreigners wishing to be admitted into the eternal subjecthood of Russia’. PSZ I. !9434 [A#"&/.;1@ 8;&9 )/ 27.08.1747 ‘B ;$2/*#"")= ):#C&"11 1")./+&"D#*, ,#$&7C1E (+1"2/6 *#<")# ()--&"./*) ?)..11’. FAG I. !9434.] 8 Certain social and national groups were not allowed to become Russian subjects (‘poddannye’) - Jews, Jesuits, Dervishes, and married women separately from their husbands. Foreign Jews were not even allowed to settle in Russia due to direct provisions of the Russian law (see Article 819, T. IX, Svod Zakonov (1899). For further information about legal limitations regarding the rights of Jewish people in Russia see: Kuplevaskiy 1902: 245-265. 56&$6(8'2&,7&5‹$XWKRU